The Digital Personal Data Protection bill 2023 was presented in parliament on August 3rd, 2023 and was passed in Lok Sabha. On 9th August 2023 the bill was passed in Rajya Sabha. This is a newer version to the earlier version released by the Ministry of Electronics and Information Technology. The bill is for the protection of the Indian citizens, at some level on the lines of EU GDPR, General Data Protection Regulation. The European Data Protection Regulation has been there since the year 2018.

The Digital Personal Data Protection bill 2023, although with all the good intentions, does create a lot of complicated situations for almost all the companies, right from websites, apps, banks and many others. 

What are the complications for the companies, websites and apps?

1. The company, app or website, which is referred to as a data fiduciary has multiple obligations now to the users, who are referred to as data principals. 

2. The data fiduciary needs to create a full consent management system, wherein it needs to take consent of each user and maintain a system, in which data principal(user) can ask for the following:
   1. Give consent for data collection
   2. Enquire what data is getting captured against his/her email id, name, device id, digital fingerprinting or cookies. The Data fiduciary (company) has to furnish the details to any user who asks for this information
   3. An Automated system in which the data principal can revoke the consent of use of his/her data, and destruction of all the data captured for the them by the data fiduciary

3. To comply with the above requirements, the data fiduciary needs to keep following professionals as prescribed by this law:
   1. Consent Manager
   2. Data Protection Officer

4. Another statutory requirement for each company is to keep an independent Data Auditor. Wherein, we are dpdpaudit can help you, by being a capable, experienced and technically sound Independent Data Auditor. The independent Data Auditor for Digital Personal Data Protection bill 2023 is responsible to evaluate and make sure data fiduciaries are in compliance with all the laws of Digital Personal Data Protection bill 2023. 

5. There will be a Data protection Board of India and its function will be “to determine non-compaince of this act and impose penalty”. As per the initial suggestions, this penalty can be upto 250 crores to 500 crores. This is where companies are really worried.

What is the solution?

Start preparing now for the Digital Personal Data Protection bill 2023. We are here to help you with our deep expertise in this area. We can suggest processes, softwares and methods to make sure there is complete compliance of the Digital Personal Data Protection bill 2023. 

Pls write to us or call us for a free consulting session – 

Do you need a independent Data Auditor for Digital Personal Data Protection bill 2023 

We can be your Independent Data Auditor for Digital Personal Data Protection bill 2023 – we have deep expertise in this area and our founder is the leader in the space of data protection and consent management. Mr. Sandeep Amar created the first DMP in India, using the Lotame technology and he has been at the forefront of this technology, giving deep analysis of third party cookie data collection by Chrome. He also analyzed FLOC, a system proposed by Google as a replacement for third party cookies. Interestingly, even EU GDPR came up with the same conclusions and rejected that system.